Lasting Power of Attorney and Alzheimer’s UK: An Urgent Guide
After an Alzheimer’s or dementia diagnosis, making a lasting power of attorney becomes one of the most important things a family can do — and one of the most time-sensitive. This guide explains why, what to do immediately, and what the options are if it is already too late.
Why Timing Is Everything
A lasting power of attorney (LPA) can only be made by a person who has mental capacity at the time of signing. Under the Mental Capacity Act 2005, capacity is assessed on a decision-by-decision basis — but the crucial point is that it must exist at the moment the LPA is created.
Alzheimer’s is a progressive condition. In its early stages, most people retain full capacity and can absolutely make a legally valid LPA. As the disease progresses, capacity declines — and once it is lost, an LPA can no longer be made. The window between diagnosis and loss of capacity varies enormously: it may be months or it may be years, but it cannot be predicted.
Act immediately after diagnosis.
The LPA application and registration process takes 8–20 weeks. Starting the process after capacity has significantly declined may be too late. Every week of delay is a week closer to the window closing permanently.
There are approximately 900,000 people living with dementia in the UK. Alzheimer’s disease accounts for around 60–70% of cases. For every person with a diagnosis, there is a family navigating this situation — often for the first time, and without knowing what steps to take.
Does an Alzheimer’s Diagnosis Mean Loss of Capacity?
No — not automatically. Under s2 Mental Capacity Act 2005, a person lacks capacity only if, at the time the decision is made, they cannot:
- Understand the information relevant to the decision
- Retain the information long enough to make the decision
- Use or weigh that information as part of the decision-making process
- Communicate their decision
A diagnosis of Alzheimer’s is a medical label, not a legal finding of incapacity. Many people continue to have full legal capacity for years after an early diagnosis. The law starts from the presumption of capacity (s1(2) MCA 2005) — the burden is on anyone asserting that a person lacks capacity.
A person with early Alzheimer’s may perfectly well understand what an LPA is, who they want to appoint as attorney, and what powers they are granting. If they can explain it back and have made the decision freely, the LPA is valid.
Practical tip: ask the person’s GP to make a contemporaneous note confirming that the patient has mental capacity on the date the LPA is made. This is not legally required but provides valuable evidence if the LPA is ever challenged.
What to Do Immediately After Diagnosis
Have the conversation today
If your parent or loved one has received a diagnosis, start the conversation about LPAs now — while it is easier, while they can actively participate, and while there is no doubt about their understanding. Framing it as 'taking care of legal arrangements' rather than 'taking control' helps.
Get a GP letter confirming capacity
Ask the GP who made the diagnosis (or the patient's regular GP) to write a brief letter confirming that the patient has capacity as of that date. This letter is not part of the LPA form but provides important protection against later challenges.
Make both types of LPA
A Property and Financial Affairs LPA covers bank accounts, investments, property, and bills. A Health and Welfare LPA covers medical care, treatment decisions, and care home placement. Both are essential. £82 each to register — £164 in total.
Choose attorneys carefully
Attorneys must be over 18, have mental capacity, and not be subject to a debt relief order or bankruptcy. They take on significant legal responsibility. Consider appointing more than one attorney and a replacement in case the first cannot act.
Find a certificate provider
A certificate provider confirms the donor understands the LPA and is not being pressured. They cannot be a family member or an attorney. A GP, solicitor, social worker, or trusted long-term friend is ideal.
Apply online or on paper — then register immediately
Use gov.uk/lasting-power-of-attorney for the online route, or download LP1F and LP1H forms. Submit as soon as all parties have signed. The OPG currently takes 8–20 weeks to register. The LPA cannot be used until registered.
If Capacity Has Already Been Lost: Court of Protection Deputyship
If a person with Alzheimer’s no longer has capacity to make an LPA, the family must apply to the Court of Protection for a deputyship order. This is a court appointment that gives a deputy the authority to act on behalf of the person who has lost capacity.
| Feature | LPA (if made in time) | Deputyship (if too late) |
|---|---|---|
| Cost | £82 per LPA (£164 for both) | £3,000–£7,000+ in legal fees |
| Time to obtain | 8–20 weeks | 6–18 months |
| Ongoing supervision | None required | Annual reports to Court of Protection |
| Annual fee | None | £320+ per year supervision fee |
| Powers | As set out in the LPA | More restricted; court-defined |
| Person’s wishes | Chosen by the donor while they had capacity | Court appoints — may not be person’s choice |
Deputyship achieves a similar practical outcome to an LPA but at far greater cost and with far more bureaucracy. It is the fallback, not the goal. An LPA made earlier in life — ideally before any diagnosis — avoids the need for deputyship entirely.
Also Consider: Will and Advance Decision
While sorting out LPAs after an Alzheimer’s diagnosis, this is also the time to ensure two other key documents are in place:
- Will.A person with Alzheimer’s can still make a valid will if they have testamentary capacity at the time (the Banks v Goodfellow test — slightly different from the MCA 2005 capacity test). Review or update the will now, while capacity is unquestionable, to avoid later disputes.
- Advance Decision to Refuse Treatment (ADRT). This document (sometimes called a living will) allows a person to refuse specific medical treatments in advance — including life-sustaining treatment — if they later lose capacity. It is legally binding if valid and applicable. An ADRT can be made alongside or separately from an LPA and requires no registration.
Frequently Asked Questions
Can someone with Alzheimer's still make a lasting power of attorney?
Yes — if they still have mental capacity at the time of signing. An Alzheimer's diagnosis does not automatically mean a person lacks capacity. Under the Mental Capacity Act 2005, capacity is decision-specific and time-specific: a person may lack capacity to manage complex financial decisions but retain capacity to make a straightforward LPA. Capacity can fluctuate, so a 'good day' or a 'lucid moment' can be sufficient if properly evidenced. The certificate provider must assess and confirm capacity at the point of signing. A GP assessment shortly beforehand is highly advisable to provide documentary evidence. The earlier in the diagnosis the LPA is made, the less contentious the capacity question.
What if my parent already has Alzheimer's and it is too late for an LPA?
If someone no longer has capacity to make an LPA, the only route is a deputyship order from the Court of Protection. The court appoints a deputy (usually a close family member or professional) to make decisions on behalf of the person who has lost capacity. Deputyship is significantly more expensive than an LPA (typically £3,000–£5,000 in legal fees to apply, plus annual Court of Protection fees and ongoing supervision) and takes six to twelve months or more to obtain. Once a deputy is appointed, their powers are court-supervised and more restricted than an LPA's attorney. There is no way to make an LPA on behalf of someone who has already lost capacity.
Do I need a Property and Financial Affairs LPA as well as a Health and Welfare LPA?
For someone with Alzheimer's, both types are strongly recommended. The Property and Financial Affairs LPA allows attorneys to manage bank accounts, pay bills, sell property, and deal with investments — essential when the person can no longer manage their own money. The Health and Welfare LPA allows attorneys to make decisions about medical treatment, care home placement, and day-to-day welfare — critical when the person cannot communicate their wishes. Each LPA costs £82 to register with the OPG. Making both at the same time costs £164 in registration fees and significantly reduces the burden on the family.
How quickly can an LPA be registered after diagnosis?
You can submit an LPA application immediately once it has been completed and signed by all parties. The Office of the Public Guardian's current processing time is typically 8 to 20 weeks depending on demand and whether the online or paper route is used. The LPA cannot be used until it is registered — so time genuinely matters. Do not wait. Start the process within weeks of diagnosis if the person still has capacity. If the OPG's normal timeline is too slow for urgent situations, there is no fast-track process — which is why the LPA should ideally be made before any serious health event rather than after.
Can the attorney under an LPA make medical decisions including about dementia medication or care home placement?
A Health and Welfare LPA can authorise attorneys to make decisions about medical treatment and care home placement — but only if the LPA specifically includes life-sustaining treatment decisions (there is an explicit box to tick when making the LPA). Attorneys must always act in the donor's best interests under the Mental Capacity Act 2005, having regard to the donor's previously expressed wishes. Doctors are not obliged to follow an attorney's instructions if they conflict with clinical judgement, but under the MCA 2005 the attorney's view carries significant weight. An advance decision refusing treatment (a 'living will') is a separate document that binds clinicians if it is valid and applicable — an LPA does not override a valid advance decision.
Sort Your Will While You’re Sorting the LPA
An LPA protects you while you’re alive but unable to make decisions. A will protects your estate after you die. Make both while you still have capacity — starting with a WillSafe kit today.